How do I know that they're arresting me?

Let’s look at the law:

Section 15(1) Criminal Procedure Code (“CPC): an arrest may be made in the following manner: -
(a) by actually touching the body of the person to be arrested; or(b) by actually confining the body of the person to be arrested; or(c) where there is submission to custody by word or action.

Common law arrest:
A police officer states that he is arresting
OR
uses force to refrain the individual concerned
OR
when he makes it clear that he will, if necessary, use force to prevent the individual from going where he may want to go.

What's next?

You find yourself being handcuffed and told that you’re under arrest.

So, what now? Don’t panic, keep calm and follow these steps:

1. Don’t even think of resisting arrest!

The police have the right to use reasonable force to arrest you if you try to resist (Section 15(2) CPC)).

So, PLEASE don’t make life hard on yourself.

2. Ask the reason for your arrest

Just say “Why am I arrested?” If they don't tell you the reason, the arrest is unlawful (Section 28A(1) CPC).

3. Ask about which station they are taking you to

The arresting officer must take you immediately to the nearest police station.

He can't take you anywhere else, even for a brief stopover at a coffeeshop or McDonald's to pick up food to bring to the station!

4. Make that phone call

You have the right to phone a relative or friend, and also a lawyer (Section 28A CPC). You are also entitled to call a Legal Aid Centre (LAC).

Tell the person you’re calling that you have been arrested, the place, the time and why you are arrested. Don’t forget to mention which police station you’ll be taken to.

5. Once you’re arrested

You can be detained for up to 24 hours at the police station, or be put in a lock-up to assist police investigation.

Remember, follow these steps and please avoid making an already bad situation much worse!

This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.